Question 1

Davina is a professional artist and sculptor. She has undertaken a number of high-profile commissions. One such commission is a sculpted statue to honour the legacy of a well-known author and rights activist, where the art displays a partially naked woman.

As part of the tendering process to craft a sculpture for display outside the offices of Big Shot Lawyers, she has been asked to give a presentation of her ideas. There will be 10 people at the presentation including executives from Big Shot Lawyers and members of the local community who are to have a key role in deciding a successful bid.

After the presentation, members of the community are asked to discuss their views on the proposed project. Brian, one of the community panel members, says that he hates Davina's proposal. He explains he has seen her previous work and he considers it to be offensive, stating, 'it is of a pornographic nature which is offensive to my religious views'. Brian explains that he knows Davina personally and considers her to be a disreputable and unreliable person, with a criminal history, who is very unlikely to be able to deliver the project. Brian has said this because he knows Davina has received a parking ticket in the past, but he is aware that this is not a criminal issue. Davina has no criminal history.

An anonymous user later describes events on the social media website TwitNovel, where they write that 'Davina is a criminal and should not be trusted to deliver the project'. Davina contacts TwitNovel to ask for the post to be taken down; they comply, and the post is removed straight away. Davina is still worried that a lot of people may have seen the post and wants to make a claim for defamation against TwitNovel.

Big Shot Lawyers respond to the comment saying that because of the allegations made against Davina being unreliable, disreputable, and having a criminal history, they will not be giving her the contract to create the sculpture.

You are required to advise:

whether Davina has a claim for defamation against Brian

any potential defence Brian may have against an action for defamation

any potential defence TwitNovel may have against defamation.

You should produce one answer which covers the three bullet points you are asked to advise on.